All the friends who buy a house with mortgage loan will have such a difficult experience. Before the mortgage, they worry that their bank running water is not enough. All kinds of running water certificates are ready, and they are always shown in the examination and approval in the inquiry progress. In case the examination and approval of the house loan is not passed, will the down payment be refunded? This may be the most concerned problem.
Refund of down payment if mortgage approval fails
Before, Ms. Zhang took a fancy to a house in a real estate, with a total price of 3 million yuan. At that time, the sales staff also said that people who basically bought a house had lent, and there would be no problem. Ms. Zhang paid 900000 yuan as the down payment, and began to apply for a loan. At that time, she went through the loan procedures in accordance with the requirements of banks and developers for many times, and there was no particularly big problem at that time At the end of last year, he was told that he could not get a loan because the bank had lost trust in the developer and was unable to get a loan.
Since then, the developer proposed to provide Ms. Zhang with a "developer loan" in accordance with the bank interest, but Ms. Zhang refused.
After that, under the negotiation of various departments, the developer agreed to return the purchase money to Ms. Zhang. Although the developer agreed to return the down payment of 900000 yuan, the purchase deposit of 50000 yuan will not be returned. Is this reasonable?
In this case, Ms. Zhang's 900000 yuan down payment and 50000 yuan house purchase deposit can be applied for refund. In addition to the case, these funds can also be applied for refund under the following circumstances!
Refund of down payment if mortgage approval fails
1. If the borrower is rejected for personal reasons (such as lack of flow, credit problems, high debt, down payment violation, etc.), the developer will implement the contract according to the contract signed. If there is relevant agreement in the contract, it will act directly according to the agreement. Most of the contracts will have an agreement, and generally need to pay a penalty of no more than 20% of the total property price.
2. If the bank refuses the mortgage because of the right reasons for selling the house (for example, the house is not registered, or other problems cause the house to be unable to be sold normally, or the original owner does not want to sell, or the house is frozen and cannot be sold), it can ask the developer or the owner for a full refund. If the developer does not agree or collects liquidated damages, it can directly sue them in the court.
3. If the rejection is due to the bank's reasons (for example, the amount of money is too tight to lend), then the buyer can negotiate with the seller to terminate the purchase contract, and do not have to bear the responsibility for breach of contract, and the seller should unconditionally return the down payment.
4. If there is a sudden change of policy (for example, after signing the contract, the state will introduce the purchase restriction policy, which leads to the buyer's condition is not met), then the buyer can negotiate with the seller to refund the down payment and deposit.
In a word, when it is found that the house loan is not approved, we should first identify what causes it, and then negotiate the refund related matters. If there is a refusal to return, we should take up the legal weapon to safeguard personal rights and interests.